State v. Schweitzer
Idaho Supreme Court
APPEAL from tbe District Court of the Third Judicial District of the State of Idaho, in and for Ada County. Hon. Fremont Wood, Judge. Prosecution for sale of lard hy short weights under the provisions of sec. 7109 of the Rev. Codes. Verdict and judgment of conviction, from which defendant appealed.
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APPEAL from tbe District Court of the Third Judicial District of the State of Idaho, in and for Ada County. Hon. Fremont Wood, Judge. Prosecution for sale of lard hy short weights under the provisions of sec. 7109 of the Rev. Codes. Verdict and judgment of conviction, from which defendant appealed. The jury in this case did not find against the defendant upon the issue as expressed in the complaint, nor was there a special verdict found; but it sought to and did find appellant guilty of a crime — or supposed crime, rather — which is not only not charged in the complaint but is not known in…
1Opinion of the CourtAilshie, J.
Appellant was convicted of a misdemeanor in the district court for a violation of sec. 7109 of the Penal Code. The complaint charged that the defendant did “unlawfully sell to one Claude D. Mason, as three pounds of *612lard, a certain bucket of lard which then and there contained only two pounds nine and one-half ounces of lard, and was not then and there full weight, at the rate of sixteen ounces to the pound, lard being then and there an article which is sold in commerce by avoirdupois weight.” The jury rendered a verdict in the following form: “We, the jury, in the above-entitled case find…
2Cases cited10 opinions
- People v. TilleyCalifornia Supreme Court · 1901
- People v. McCartyCalifornia Supreme Court · 1874
- People v. O'CallaghanIdaho Supreme Court · 1886
- State v. CollyerNevada Supreme Court · 1883
- People v. SmallCalifornia Court of Appeal · 1905
5 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- People v. CollinsCalifornia Supreme Court · 1925
- State v. AyresIdaho Supreme Court · 1949
- State v. RamirezIdaho Supreme Court · 1921
- State v. HaganIdaho Supreme Court · 1929
- People v. CornellCalifornia Court of Appeal · 1916
3 more not listed; retrieve them via the Exa API.